Bill Text: CA SB663 | 2015-2016 | Regular Session | Introduced

California Senate Bill 663 (Prior Session Legislation)

Introduced

Bill Title: Liability for fires.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Failed) 2016-02-01 - Returned to Secretary of Senate pursuant to Joint Rule 56. [SB663 Detail]

Download: California-2015-SB663-Introduced.html

BILL NUMBER: SB 663	INTRODUCED
	BILL TEXT


INTRODUCED BY   Senator Fuller

                        FEBRUARY 27, 2015

   An act to amend Section 13009 of the Health and Safety Code,
relating to public safety.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 663, as introduced, Fuller. Liability for fires.
   Under existing law, a person who commits certain acts, including,
among others, negligently setting a fire that escapes onto any public
or private property or failing to correct a fire hazard prohibited
by law, is liable for the costs incurred in fighting the fire and the
cost of providing rescue or emergency medical services.
   This bill would make technical, nonsubstantive changes to these
provisions.
   Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 13009 of the Health and Safety Code is amended
to read:
   13009.  (a)  Any person (1) who negligently, or in violation of
the law, sets a fire, allows a fire to be set, or allows a fire
kindled or attended by him or her to escape onto any public or
private property, (2) other than a mortgagee, who, being in actual
possession of a structure, fails or refuses to correct, within the
time allotted for correction, despite having the right to do so, a
fire hazard prohibited by law, for which a public agency properly has
issued a notice of violation respecting the hazard, or (3) including
a mortgagee, who, having an obligation under other provisions of law
to correct a fire hazard prohibited by law, for which a public
agency has properly issued a notice of violation respecting the
hazard, fails or refuses to correct the hazard within the time
allotted for correction, despite having the right to do so, is liable
for the fire suppression costs incurred in fighting the fire and for
the cost of providing rescue or emergency medical services, and
those costs shall be a charge against that person. The charge shall
constitute a debt of that person, and is collectible by the 
person,   person  or  by  the
federal, state, county, public, or private agency  ,
incurring   that incurred  those costs in the same
manner as  in the case of  an obligation under a
contract, expressed or implied.
   (b)  Public agencies participating in fire suppression, rescue, or
emergency medical  services   services, 
as set forth in subdivision (a), may designate one or more of the
participating agencies to bring an action to recover costs incurred
by all of the participating agencies. An agency designated by the
other participating agencies to bring an action pursuant to this
section shall declare that authorization and its basis in the
complaint, and shall itemize in the complaint the total amounts
claimed under this section by each represented agency.
   (c)  Any costs incurred by the Department of Forestry and Fire
Protection in suppressing any wildland fire originating or spreading
from a prescribed burning operation conducted by the department
pursuant to a contract entered into pursuant to Article 2 (commencing
with Section 4475) of Chapter 7 of Part 2 of Division 4 of the
Public Resources Code shall not be collectible from any party to the
contract, including any private consultant or contractor who entered
into an agreement with that party pursuant to subdivision (d) of
Section 4475.5 of the Public Resources Code, as provided in
subdivision (a), to the extent that those costs were not incurred as
a result of a violation of any provision of the contract.
   (d)  This section applies to all areas of the state, regardless of
whether primarily wildlands, sparsely developed, or urban.